CC Resolution No. 98-142RESOLUTION NO. 98-142
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
SETTING DATE FOR CONSIDERATION OF REORGANIZATION OF AREA
DESIGNATED "LOMITA AVENUE 98-06", PROPERTY LOCATED ON THE
SOUTH SIDE OF LOMITA AVENUE BETWEEN BYRNE AVENUE AND ORANGE
AVENUE; APPROXIMATELY 0.3088 ACRE, SINKSEN (APN 357-15-003)
WHEREAS, the City Council of the City of Cupertino has received a
request for annexation of territory designated "Lomita Avenue 98-06" from
property owners, W. L. Sinksen; and
WHEREAS, the property, 0.3088+ acre on the south side of Lomita Avenue
between Byme Avenue and Orange Avenue (APN 357-15-003) is contiguous to the City
of Cupertino and is within its urban service area; and
WHEREAS, armexation would provide for use of City services; and
WHEREAS, this territory is uninhabited and was prezoned on May 16, 1983, to
City of Cupertino R1-7.5 zone; and
WHEREAS, the City of Cupertino, as Lead Agency for environmental review
completed an initial study and granted a Negative Declaration for annexation; and
WHEREAS, the County Surveyor of Santa Clara county has found the map and
description (Exhibits "A" and "B") to be in accordance with Government Code Section
56826, the boundaries to be definite and certain, and the proposal to be in compliance
with LAFCO's road annexation policies; and
WHEREAS, the fee set by the County of Santa Clara to cover staff cost for above
certification has been paid; and
WHEREAS, as provided in Government Code Section 56826 the City Council of
the City of Cupertino shall be conducting authority for a reorganization including an
annexation to the City; and
WHEREAS, Government Code Section 56837 provides that if a petition for
annexation is signed by all owners of land within the affected territory the City Council
may approve or disapprove the annexation without public heating;
Resolution No. 98-142 Page
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Cupertino hereby initiates annexation proceedings and will consider annexation of the
territory designated "Lomita Avenue 98-06" and detachment from the Santa Clara
County Lighting Service District at their regular meeting of July 20, 1998.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 15th day of June, 1998, by the following vote:
Vote
AYES:
NOES:
ABSENT:
ABSTAiN:
Members of the City Council
Bumett, Dean, James, Statton, Chang
None
None
None
ATTEST:
City Clerk~-~44~ ~
G:cityclerl~roberta/mmexatio/lomita ave. 98-06-1.rff
APPROV2c,,x C~ ~~
Mayor, City"of Cupertino
2
EXHIBIT "A"
ANNEXATION TO THE CITY OF CUPERTINO, CALIFORNIA
ENTITLED:
"LOMITA AVE. 98-06"
Ail that certain real property situated in the County of Santa
Clara, State of California, being all of Section 84 and a portion
of Lomita Avenue, as shown upon "MAP OF SUBDIVISION 'A'- MONTA
VISTA", filed in Book "P" of Maps at Page 20, Santa Clara County
Records, described as follows:
Beginning at the southeasterly corner of said Section 84, said
point also being the southwesterly corner of that certain
annexation to the City of Cupertino entitled "Lomita 97-16" said
point also being a point on the northerly line of the "Almaden
84-3" annexation to said City;
Thence alon§ the southerly line of said Section, also being the
northerly line of said "Almaden 84-3" annexation, West 100.15
feet to the southwesterly corner of said Section 84, said corner
also being the northeasterly corner of that certain annexation to
said City entitled "Almaden Ave. 97-01";
Thence along the westerly line of said Section 84 and the
northerly prolongation thereof, North 130.82 feet to a point on
the northerly line of Lomita Avenue, 40 feet in width;
Thence along said northerly line, East 100.15 feet to the
northwesterly corner of the herein above referred to "Lomita Ave.
97-16" annexation to said City;
Thence alon9 the easterly line of said Section 84 and the
northerly prolongation thereof and the westerly line of said
"Lomita Ave. 97-16" annexation, South 130.82 feet to the point of
beginning.
Containin§ 0.3008 of an acre, more or les.
Date: April 21, 1998
APN: 357-15-003
Address of Site: 21900
Lomita Ave.,
Cupertino
L o MITA A
~ p p~opoS ED ANHEXA TION TO THE
EN ~1 TL~D
NOT TO GCAL~